2015 No. 387
The Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2015
Made
Laid before Parliament
Coming into force
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 342(2), (4) and (5) and 569(4) of the Education Act 19961.
Citation, commencement and application1
1
These Regulations may be cited as the Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2015 and come into force on 20th March 2015.
2
These Regulations apply in relation to England only.
Amendments
2
The Education (Non-Maintained Special Schools) (England) Regulations 20112 are amended in accordance with regulations 3 and 4.
3
1
In regulation 2(1) insert—
a
after the definition of “the 2005 Act” —
“the 2006 Act” means the Safeguarding Vulnerable Groups Act 20063;
b
for the definition of “enhanced criminal record certificate”, substitute—
enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B(1)4 of the 1997 Act which includes, in such cases as are from time to time prescribed under section 113BA(1) of that Act, suitability information relating to children or vulnerable adults, and any relevant up-date information where such a certificate is subject to up-date arrangements;
c
after the definition of “enhanced criminal record certificate” insert—
“interim prohibition order” has the meaning given in section 141C(7) of the 2002 Act5;
d
after the definition of “National Minimum Standards” insert—
“prohibition order” has the meaning given in section 141B(4)6 of the 2002 Act;
e
after the definition of “proprietor” insert—
“relevant up-date information” means up-date information within the meaning given in section 116A(8)(b)(i)7 or 116A(8)(c)(i) of the 1997 Act;
“suitability information relating to children” has the meaning given in section 113BA (2)8 of the 1997 Act;
“suitability information relating to vulnerable adults” has the meaning given in section 113BB(2)9of the 1997 Act;
“up-date arrangements” has the meaning given in section 116A(3) of the 1997 Act;
2
For regulation 2(2) substitute—
2
For the purposes of these Regulations, an “enhanced criminal record check” is made if—
a
an application for an enhanced criminal record certificate is made under section 113B(1) of the 1997 Act and the application is countersigned by a registered person (as defined in section 120(1) of that Act) or on behalf of that person; or
b
where an enhanced criminal record certificate has been obtained under section 113B(1) of the 1997 Act and is subject to up-date arrangements, relevant up-date information is obtained.
3
At the end of regulation 2(4)(b) delete the word “and”.
4
For regulation 2(4)(c) substitute—
c
is not barred from regulated activity relating to children, to vulnerable adults or to both under section 3 of the 2006 Act, where that person is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act; and
d
is not subject to a prohibition order or an interim prohibition order.
5
After regulation 2(4) insert—
5
For the purposes of paragraphs 4(3), 5(2)(a)(ii) and 7(3)(a) of Part 1 of the Schedule, an enhanced criminal record check is only relevant where a person or an individual is or will be engaging in—
a
regulated activity within the meaning of Part 1 of Schedule 4 to the 2006 Act; or
b
regulated activity relating to children or vulnerable adults within the meaning of Part 1 of Schedule 4 to the 2006 Act, as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 201210.
4
1
For paragraph 4(3) of Part 1 of the Schedule substitute—
3
The proprietor must ensure that, where relevant to the person, an enhanced criminal record check is made in respect of that person and an enhanced criminal record certificate is obtained before or as soon as practicable after the person’s appointment.
2
In paragraph 5(2)(a)(i) of Part 1 of the Schedule, after “have been made” insert “to the extent relevant to that person”.
3
For paragraph 5(2)(a)(ii) of Part 1 of the Schedule, substitute—
ii
that, where relevant to that person, an enhanced criminal record check has been made and that it or another employment business has obtained an enhanced criminal record certificate, in response to such a check;
4
For paragraph 6(5) of Part 1 of the Schedule, substitute—
5
In relation to supply staff, the register must show whether written notification has been received from the employment business that—
a
it has made checks corresponding to those referred to in paragraphs 5(2)(a)(i) and (7), to the extent relevant to any such person; and
b
an enhanced criminal record check has been made and that it or another employment business has obtained an enhanced criminal record certificate in response to such a check,
together with the date the written notification that each such check was made, or certificate obtained, was received.
5
For paragraph 7 of Part 1 of the Schedule, substitute—
7
1
No person is to be appointed chair of the governing body of a school unless the requirements of sub-paragraphs (2) and (3) have been complied with.
2
Checks must have been made that the individual–
a
is not barred from regulated activity relating to children or vulnerable adults in accordance with section 3 of the 2006 Act where that individual is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act; and
b
does not carry out work, or intend to carry out work, at the school in contravention of a prohibition order or an interim prohibition order.
3
The Secretary of State must make the following checks relating to the individual—
a
where relevant to the individual, an enhanced criminal record check, countersigned by the Secretary of State where an application for such a check is made under section 113B(1) of the 1997 Act,
b
checks confirming the individual’s identity and their right to work in the United Kingdom, and
c
in the case of an individual for whom, by reason of that individual living or having lived outside the United Kingdom, obtaining an enhanced criminal record certificate is not sufficient to establish the individual’s suitability to work in a school, such further checks as the Secretary of State considers appropriate,
and where an enhanced criminal record check is made, the Secretary of State obtains an enhanced criminal record certificate relating to the individual.
6
In paragraph 17 of Part 2 of the Schedule, for “to (4)” substitute “and (3)”.
(This note is not part of the Regulations)